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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 489

Providing false or misleading information to obtain approval or permit
(1)
A person is guilty of an offence if:

(a)
the person provides information in response to a requirement or request under Part 7, 8, 9 or 13; and

(b)
the person is reckless as to whether the information is false or misleading in a material particular.

Note: The fault element in paragraph (1)(b) can be demonstrated by proof of knowledge. See subsection 5.4(4) of the Criminal Code .

(2)
An offence against subsection (1) is punishable on conviction by:

(a)
imprisonment for a term not more than 2 years, a fine not more than 120 penalty units, or both, if it is proved the person knew the information was false or misleading; or

(b)
imprisonment for a term not more than 1 year, a fine not more than 60 penalty units, or both, if it is proved the person was reckless as to whether the information was false or misleading.

Note: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

(2A)
A person is guilty of an offence if:

(a)
the person provides information in response to a requirement or request under Part 7, 8, 9 or 13; and

(b)
the person is negligent as to whether the information is false or misleading in a material particular.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2B)
An offence against subsection (2A) is punishable on conviction by a fine not more than 30 penalty units.

Note: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

(3)
Subsections (1) and (2A) do not apply to a requirement to provide information that is imposed by a condition attached to an environmental authority.

Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code .


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